Acquittal for individual who called Erdoğan a 'dictator': Emphasis on freedom of expression

In Adana, a lawsuit was filed against Mehmet Ali Gülşen for "insulting the President" after he called President Recep Tayyip Erdoğan a "dictator" during a press statement held on the anniversary of the October 10 Ankara Train Station Massacre.

Gülşen was sentenced to 1 year, 5 months, and 15 days in prison by the Criminal Court of First Instance. The appellate court upheld the sentence, and Gülşen was imprisoned.

ACQUITTAL DECISION FROM THE COURT OF CASSATION

However, the 3rd Criminal Chamber of the Court of Cassation overturned Gülşen's conviction and ruled for his acquittal. The Court of Cassation emphasized that the defendant's action did not reach the level of offending the honor, dignity, and reputation of President Erdoğan, and that it constituted criticism. Drawing attention to the concept of freedom of expression, the Court of Cassation stated that "the opposite view could mean an interpretation that disproportionately expands the value intended to be protected by the crime and is incompatible with the universal legal thought that prioritizes freedom of expression," and indicated that Gülşen should be acquitted.

EMPHASIS ON FREEDOM OF EXPRESSION

In its justification for the reversal, the Court of Cassation stated that freedom of expression forms the foundation of a democratic society, noting that "individuals must be able to freely access news, information, and the ideas of others, and must not be condemned for the thoughts and opinions they hold."

Furthermore, by citing Article 10 of the European Convention on Human Rights and Article 26 of the Constitution, it was emphasized that the boundaries for criticism directed at politicians are broader.

INSULTING THE PRESIDENT CASES ON THE RISE

It was stated that the number of lawsuits filed for the crime of "insulting the president" during President Erdoğan's tenure between 2014 and 2022 has increased significantly compared to previous years. While an average of 100-200 cases were filed annually before 2014, this number rose to 6,000 in 2017 and 16,753 in 2022. In total, more than 100,000 investigations and over 50,000 lawsuits were recorded between 2014 and 2022.

News Source: 12punto